A refused planning appeal can be a significant setback for a property owner or developer. After investing time, money and professional resources in an application and subsequent appeal, an unfavourable decision may leave a development project uncertain and potentially affect its financial viability.
However, a dismissed appeal does not necessarily mean that all opportunities to secure planning permission have come to an end. Depending on the reasons for refusal, the nature of the development and the circumstances surrounding the decision, there may still be options worth exploring.
The important thing is to understand what the appeal decision means, whether there are grounds to challenge it and whether a revised planning application could offer a more practical route forward.
What Does It Mean When a Planning Appeal Is Refused?
When a planning appeal is refused or dismissed, it means that the appeal decision-maker has upheld the local planning authority’s decision not to grant planning permission.
In England, most planning appeals are determined by the Planning Inspectorate on behalf of the Secretary of State, although some decisions are made by the Secretary of State directly.
The appeal decision considers the planning application, the local authority’s reasons for refusal and the relevant planning evidence and policies.
A dismissed appeal generally means:
- The original refusal of planning permission remains in place.
- The proposed development does not have permission through that application.
- The applicant cannot proceed with the development on the basis of the refused application.
- Any future attempt to secure permission will need to follow an appropriate planning route.
The decision does not automatically prevent the applicant from submitting another application. However, repeating the same proposal without addressing the reasons for refusal may produce the same outcome.
Why Might a Planning Appeal Be Dismissed?
Understanding why an appeal has failed is the starting point for deciding what to do next. The Inspector’s decision letter should explain the main planning considerations and why the evidence did not justify granting permission.
Common reasons include the following.
Conflict With Local Planning Policies
A proposed development may conflict with policies in the local development plan. These policies can cover matters such as housing density, land use, design, transport, environmental protection and the character of an area.
Where the Inspector concludes that the proposal conflicts with relevant policies and there are insufficient considerations to justify approval, the appeal may be dismissed.
Unacceptable Design or Impact on Neighbouring Properties
An appeal may fail where the proposed development would have an unacceptable effect on neighbouring properties or the surrounding area.
Examples include:
- Loss of privacy or overlooking.
- Excessive overshadowing or loss of daylight.
- Overdevelopment of a site.
- Poor design or inappropriate building scale.
- Harm to the character and appearance of the area.
The Inspector will consider the specific circumstances and the planning evidence rather than relying solely on objections from neighbouring residents.
Insufficient Supporting Evidence
Some proposals fail because the applicant has not provided sufficient information to demonstrate that the development is acceptable.
Depending on the project, this could involve inadequate transport assessments, ecological surveys, flood risk information, heritage assessments or design justification.
The absence of important evidence can make it difficult for the decision-maker to assess the proposal properly.
Highways, Access and Environmental Concerns
Developments that raise unresolved concerns about road safety, access, traffic generation, drainage, biodiversity or environmental impact may also face difficulties.
Where these issues are central to the refusal, an appeal is unlikely to succeed without convincing evidence that the proposed development can address them.
Can You Submit Another Planning Application After a Refused Appeal?
Yes. A dismissed planning appeal does not automatically prevent you from submitting a fresh planning application for the same site.
However, the new application should be approached carefully. The objective should be to address the issues identified in the appeal decision rather than simply resubmit an unchanged proposal.
For example, if an appeal was dismissed because a proposed extension would cause unacceptable overlooking, a revised design might introduce different window positions, greater separation distances or other privacy measures.
Similarly, if a development was considered excessive in scale, reducing its size or altering its layout may help address the planning concerns.
Before submitting a new application, consider:
- Reviewing the Inspector’s decision in detail.
- Identifying the specific reasons the appeal was dismissed.
- Checking whether relevant local or national planning policies have changed.
- Obtaining any technical reports or assessments that were missing.
- Discussing potential amendments with the local planning authority.
- Assessing whether the revised proposal is likely to overcome the original objections.
Government guidance encourages applicants to consider discussing amendments with the local planning authority and submitting a revised application where changes could address the reasons for refusal.
Can You Challenge a Planning Appeal Decision in Court?
In certain circumstances, it is possible to challenge a dismissed planning appeal in the High Court.
However, a High Court challenge is different from another planning appeal. It is not an opportunity to ask the court to reconsider the planning merits simply because the applicant disagrees with the Inspector’s conclusion.
A challenge generally needs to identify an error of law or another legally recognised ground for challenging the decision.
Potential grounds may include:
- The Inspector applied the wrong legal test.
- Relevant planning policy or legislation was misunderstood or misapplied.
- The decision involved a material procedural unfairness.
- The Inspector failed to take account of a legally relevant consideration.
- The decision contains a legal error that materially affects its outcome.
The court does not ordinarily substitute its own planning judgement for that of the Inspector.
What Is the Deadline for Challenging a Planning Appeal Decision?
For a statutory challenge to a planning appeal decision in England, an application must generally be made within six weeks beginning with the day after the date of the decision.
The challenge is made under Section 288 of the Town and Country Planning Act 1990, where applicable.
This is a strict deadline. Anyone considering a challenge should obtain specialist legal advice promptly, as preparing the necessary grounds and supporting documents takes time.
If the High Court finds that the decision is legally defective and grants the appropriate relief, the matter may be returned to the Planning Inspectorate for redetermination. This does not guarantee that the appeal will ultimately be allowed; the appeal may be decided again, potentially with a different outcome.
What Happens to Your Development While You Consider Your Options?
A dismissed appeal does not grant permission to proceed with the proposed development.
If the project involves construction, an extension, a change of use or other development requiring planning permission, carrying it out without the necessary consent may expose the owner to planning enforcement action.
This makes it important to distinguish between the options available after refusal and the permission needed before work can lawfully proceed.
Before taking further steps, consider the following:
If you intend to submit a fresh application: Do not assume that the previous appeal allows the development to proceed. Wait until the necessary permission has been granted and any relevant pre-commencement requirements have been satisfied.
If you intend to challenge the appeal decision: Obtain legal advice quickly and consider whether the proposed challenge has proper legal grounds.
If you intend to abandon or redesign the project: Review any contractual commitments, construction arrangements and financial obligations that may be affected by the refusal.
Could You Be Ordered to Pay the Local Authority’s Appeal Costs?y
A planning appeal does not automatically result in the unsuccessful party paying the other party’s legal or professional expenses.
As a general rule, each party is expected to meet its own appeal expenses. However, an award of costs may be made where a party has behaved unreasonably and that behaviour has directly caused another party to incur unnecessary expense.
For example, an applicant could face a costs award where they pursue an appeal without reasonable planning grounds or introduce information at appeal stage that should reasonably have been provided with the original application.
Equally, an applicant may seek costs against a local planning authority where its unreasonable conduct has caused unnecessary expense.
The award is not automatic simply because an appeal has been dismissed. The circumstances and the conduct of the parties must be considered.
How to Improve Your Chances of Securing Planning Permission Next Time
A refused appeal can provide useful information about the weaknesses in a development proposal. The next step should be to use that information to develop a more robust planning strategy.
Reassess the Original Proposal
Start by examining the original application, the local authority’s decision notice and the Inspector’s decision letter. Identify which aspects of the development were unacceptable and whether those concerns can realistically be addressed.
Review the Planning Policy Position
Planning policy can change over time. Check the current development plan, relevant supplementary planning documents and applicable national planning policy to establish whether the proposal can be reconsidered under a different or updated policy context.
Obtain Specialist Technical Advice
Where the appeal was dismissed because of technical concerns, consider commissioning the appropriate professional assessments.
Depending on the development, these may include transport, drainage, ecological, heritage, noise or daylight assessments.
Consider a Different Development Strategy
Sometimes the most effective solution is not a minor amendment but a fundamental change to the proposal.
This might involve reducing the scale of development, changing the proposed use, altering the site layout or exploring an alternative design that responds more effectively to planning constraints.
Engage With the Local Planning Authority
Early discussions can help establish whether the authority would be receptive to a revised scheme and what information it would expect to see.
Although discussions cannot guarantee approval, they may help prevent the expense of submitting another application that repeats the weaknesses of the previous proposal.
Frequently Asked Questions About Refused Planning Appeals
Can I appeal again if my first planning appeal is dismissed?
There is generally no right to submit a second appeal against the same planning decision simply because the first appeal was dismissed. However, you may be able to submit a fresh planning application or challenge the appeal decision in the High Court if there are valid legal grounds.
Does a refused planning appeal mean I can never develop the property?
No. A dismissed appeal does not permanently prevent development of the property. A revised proposal may be considered through a new planning application, provided it meets the relevant planning requirements.
Can I make changes to my proposal after a planning appeal has been submitted?
The Planning Inspectorate generally determines an appeal on the basis of the application that was considered by the local planning authority. Significant amendments or new technical evidence may not be accepted, particularly where they could have been provided earlier. A revised planning application may be more appropriate where changes are needed to overcome the reasons for refusal.
How long do I have to challenge a refused planning appeal?
A statutory challenge under Section 288 of the Town and Country Planning Act 1990 must generally be brought within six weeks beginning with the day after the decision date. The deadline is important, so legal advice should be sought without delay.
Can I start building while waiting to challenge the appeal decision?
A dismissed appeal does not give you planning permission to carry out the development. Unless you have another valid planning permission or a lawful basis for proceeding, starting the proposed works could lead to enforcement action.
Is it better to submit a new planning application or challenge the appeal decision?
It depends on why the appeal was dismissed. If the problem is an unacceptable design or insufficient supporting evidence, a revised application may be more practical. If there is a material legal error in the appeal decision, a High Court challenge may be worth considering. Each route requires a different assessment.
Speak to Charrette Law About Your Planning Appeal Options
A dismissed planning appeal can affect development timelines, property transactions and investment decisions. However, the decision should not be treated as the end of every possible route to securing planning permission.
Whether the next step involves reviewing the Inspector’s reasoning, considering a fresh application or assessing potential grounds for a legal challenge, it is important to understand the available options before committing further resources.
Contact Charrette Law to discuss your planning and property-related requirements and establish whether its services are suitable for your circumstances.
